, 1887-12-16
The AGAZzIE TRIAL.
The Silver Crown Homicide on
Trial for His Life.
Damaging Evidence introduced B,
the Prosecution.
Earnest Work BY Attorneys for
Defense and Territory.

verdict in accordance with the evidence
adduced:
Thos. Livingston, Albert Rouleau, II.
Stevlck, Earnest A. Logan, J. D. Gill,
FL. G. Benson, R. "A. Proctor, r. Hauser,
f. f. Addoms, Michael Reed, Geo. Ben
ton, and r. E. Mccormack,
Opening statements by counsel for the
territory and attorneys for the defense,
gave the hearers a pretty clear conception
of the line of action proposed by each.
The prosecution will endeavor to establish
by competent testimony that when
Theodore Agazzie ended the earthly
career of poor George Gilduff with a
leaden messenger from his ever handy six
shooter at Silver Crown about four
months since he committed the crime of
murder i'll the first degree, that he mali
ciously premeditated the slaughter of his
victim and that the shooting was but the
oft repeated threats of the assailant put
into execution. What the territory pro-
posed to prove was set forth in specific
terms, every particular of the homicide
from the standpoint of the prosecution
being wildly presented to the jury, every
member of which listened attentively. The
statement was brief, but concise and pow
erful throughout.
The response Of Geo. w. Sewers for
the defense was a splendid effort. He
dwelt at length and quite forcibly upon
the part taken by John Welsh in the
tragedy, practically placing the response
bility for the entire affair upon that indi-
yiduals broad shoulders. Agazzie's
counsel will seek to satisfy the minds of
the Jurors hat he fired the fatal shots in
self defense. being fearful of violence at
the hands of John Welsh, between whom
and himself existed no friendship.
Eleven witnesses were examined yes
terday. A majority of them were SUBJ
iected to quite rigid and often lengthy
cross examinations. There is no g~ainsay-
ing the statement that the evidence was
very damaging to Agazzie, who, however,
maintains his apparent Indifferent atti-
tude. Those testifying were:
d. q. Grant. Mr.. Connors, Frank
Stanton, VIM. II. O'Brien. DR.. Marston,
VIM. Ferguson, Mr.. Combee, George
Herzog, Jas. Kimball and John Welsh.
The dispositions of all the witnesses X
cept Herzog, DR.. Marston, Welsh and
Stanton were confined to the statement
of occurrences at Jawbone gulch the day
of the killing, but several hours prior t
the tragedy at the smelter. In the ravine
with the Bret Harte title resided VIM.
O'Brien and several comrades. Their
cabin was a resort for the pleasure seek
ing miners, and every Sunday the valley
rung with their hearty laughter until the
eventful day of the week had waned.
1t appears that in a business transac-
ton between O'Brien and Agazzie, the
former gave the latter a verbal order on
Miller & Bryant for So. The Frenchman
accepted it, but not understanding Amer
lean business methods, seems to have re-
tanned the idea than O'Brien should liqui-
date the account, and the unconscious
delay of the debtor irritated him.
Mr.. Stanton testified to meeting Agaz-
zie while the latter was en- route to
O'Brien's cabin. In an ensuing CONVEX
sation ''Frenchy" gave vent to his spleen
against his prospective host in positive
terms, and by %insinuations included Gill
duff, saying that he would FIX those fell
lows" that they had imposed upon him
long enough, and that he proposed to toll
crate it no longer.
d. G. Grant and other witnesses we're
unwilling spectators to the quarrel in Jaw
bone gulch. They were first attracted by
hearing the lie passed between O'Brien
and Agazzie. In a moment the French
mans six-shooter was in sight. Then
some one shouted, kill him, and have
an end of the Desperate" Gilduff en-
tered the cabin, returned with what is
claimed to have been an unloaded gun,
pointed it at Frenchy, and forced him to
Wv. iiSlhOS, u wi SdIlolC Cu
route to the smelter, had just passed Mil
Ter & Bryant's cabin, the abiding place of
Agazzie, in his wagon when he met the
excited Frenchman on foot. The pair
converscd for a few moments. Agazzie
went to no end of trouble to inform the
teamster that he had Just had an encoun-
ter with Bill O'Brien; that O'Brien
showed fight and Gilduff had lnterfered.
After threatening to kill both these men
Agazzie departed for his home and Herzog
continued toward the smelter.
jess Kimball saw the fight between
O'Brien, Bryant and Gilduff at the
smelter and observed Agazzie as he drew
his revolver and discharged the weapon.
Welsh was the last witness to testify
before the adjournment of court last even
ing. He was standing fifty feet away
when the general melee at the smelter
was in progress. Upon seeing Agazzie
for his revolver he seized a brick in
each hand and ran toward Gilduff and the
r,urJorar ond oboutoJ ttnron tba nun